9/9/15

U.S. Department of Transportation Docket Management System

1200 New Jersey Avenue SE

West Building Ground Floor Room W12-140

Washington, D.C. 20590

RE: Petition for Exemption Under Section 333 of the Federal Aviation 

Administration Modernization and Reform Act of 2012, public 112-95 Feb. 14, 2012, 

Section 333

Petitioner:

Daniel Thompson

26 Pearl Rd.

Boxford, MA 01921

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization Act of 2012 and 14 CFR Part 11,

Daniel Thompson “petitioner”, hereby applies for an Exemption from the listed Federal 

Aviation Regulations (FAR) to allow commercial Operations	of	Unmanned	Aircraft	

Systems (UAS),	so	long	as	such	operations	are	conducted	within	and	under the 

conditions and limitations outlined herein or as may be established by the FAA as 

required by Section 333.

These limitations provide for an equivalent or higher level of safety to operations under 

the current regulatory structure specifically, a safety enhancement to aerial imagery and 

videography conducted by manned aviation operations.

The petitioner seeks to operate UAS for commercial purposes including (but not limited 

to) aerial photography, videography, cinematography, real estate and property inspection.

The use of UAS for aerial imagery and videography reduces the need for manned aircraft 

to perform the same function. Therefore it is in the best interest of the Public for the FAA 

to approve the requested exemptions.

The petitioner currently holds a Commercial Pilot Certificate and has been involved in

aviation for 30 years. He also has a background in photography and videography and 

appreciates the potential benefits the use of Unmanned Aerial Systems brings to the 

community.
The Specific sections of 14 CFR From Which You Seek Exemption and the Extent 

and Reason for Relief:

14 C.F.R Part 21.185

Airworthiness Certificate

In consideration of the size, weight, speed and limited operating area associated with 

these aircraft and their operation, the Secretary of Transportation determines

that these aircraft meet the conditions of Section 333.

14 C.F.R. Part 45.23(b)

Display of marks

UAS shall be identified by serial number, registered in accordance with 14 CFR part 47,

and have identification (N-Number) markings in accordance with 14 CFR part 45, 

Subpart C. Markings will be as large as practicable.

14 C.F.R. Part 61.113(a)

Private pilot privileges and limitations

The FAA has found in previous grants of exemption that a PIC with a private pilot 

certificate operating a UAS would not adversely affect operations in the NAS or present a 

hazard to persons or property on the ground.

14 C.F.R. Part 61.133(b)

Commercial pilot privileges and limitations

The FAA has found in previous grants of exemption that a PIC with a private pilot 

certificate operating a UAS would not adversely affect operations in the NAS or present a 

hazard to persons or property on the ground.

14 C.F.R. Part 91.7(a)

Civil Aircraft Airworthiness

In consideration of the size, weight, speed and limited operating area associated with this 

aircraft and its operation, the Secretary of Transportation determined that these aircraft 

meet the conditions of Section 333.

14 C.F.R. Part 91.9(b)(2) &(c)

Civil Aircraft Flight Manual, Marking, and Placard Requirements

The FAA has previously determined that relief from these sections is not necessary. 

Relevant materials may be kept in a location accessible to the PIC in compliance with the 

regulations.

14 C.F.R. Part 91.103

Preflight Action

As FAA approved flight manuals will not be provided for the aircraft an exemption will 

be needed. Normal procedures including but not limited to; reviewing weather, flight 

battery requirement, landing and takeoff distances, along will all of those found in 

attachment "DJI Pilot Training". An equivalent level of safety will be provided by

preflight protocol (see attachment) to properly match the machine.
14 C.F.R. Part 91.109(a)

Flight Instruction

All flight training will be provided through procedures specified in Training Instruction 

(see attachment) during dedicated training sessions. Based on previous decisions made by

the FAA for UAS petitions regarding this regulation.

14 CFR 91.109

UAS and remotely piloted aircraft do not have fully functional dual controls. Flight 

control is achieved through the use of a control box that communicates with the aircraft 

via radio communications. The equivalent level of safety is provided because neither a 

pilot nor passenger will be carried in the aircraft, and by the speed and size of the aircraft.

14 CFR 91.113 (a) and (b)

The petitioner can achieve an equivalent level of safety as achieved by current 

regulations because the UAS does not carry pilot or passenger. While helpful, a pilots' 

license will not ensure remote control piloting skills.

14 C.F.R. Part 91.119(c)

Minimum Safe Altitude

Aircraft will be operated below 400 AGL, but not over congested areas.

14 C.F.R. Part 121

Altimeter Settings

The proposed aircraft have a barometric altimeter and GPS derived altitude capabilities. 

The petitioner recommends that the altimeter be set to zero feet AGL rather than local 

barometric pressure or field altitude before flight. Considering the limited altitude of the 

proposed operations.

14 C.F.R. Part 91.151(a)

Fuel Requirements in VFR

Prior relief has been granted for manned and unmanned aircraft to operate at less than

prescribed minimums.

14 C.F.R. Part 91.203(a) and (b)

Certifications Required

Original	intent	of	these	regulations	was	to	display	an	aircraft’s airworthiness,	

certification	and registration documents so they would be easily available to inspectors 

and passengers. Based on the FAA Section 333 of the Reform Act, authorizes the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon consideration 

of the size, weight, speed, operational capability, and proximity to airports and populated 

areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that 

the UAS operated without an airworthiness certificate, in the restricted environment and 

under the conditions proposed will be at least as safe, or safer, than a conventional 
aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the 

restrictions and conditions proposed.

14 C.F.R. Part 91.405(a)

Maintenance Required

Given these section only apply to aircraft with an airworthiness certificate, theses 

sections do not apply to this applicant. As a safety precaution, operator will perform 

preflight inspections and ensure UAS is in working condition before initiating each flight.

14 C.F.R. Part 91.407(a)(1)

Operation after Maintenance

Given this section only applies to aircraft with an airworthiness certificate, theses 

sections do not apply to this applicant. As a safety precaution, operator will perform 

preflight inspections and ensure UAS is in working condition before initiating each flight.

14 C.F.R. Part 91.409(a)(1) and (2)

Inspections

Given this section only applies to aircraft with an airworthiness certificate, theses 

sections do not apply to this applicant. As a safety precaution, operator will perform 

preflight inspections and ensure UAS is in working condition before initiating each flight.

14 C.F.R. Part 91.417(a) and (b)

Maintenance Records

Given this section only applies to aircraft with an airworthiness certificate, it does not 

apply to this petitioner. As a safety precaution, operator will perform preflight inspections 

and ensure UAS is in working condition before initiating each flight.

The petitioner is seeking relief from all FARs above preventing applicant from 

conducting cost effective aerial imagery services taken at levels less than 400ft, at a 

speed less than 33 mph, and with a maximum flight	time	of	25	minutes.

The proposed UAS meet the definition of "small unmanned aircraft system" found in 

section 333 "The Reform Act". In order to obtain high quality photography and video the 

UAS will be used at speeds much less than it's top speed of 33 mph. Due to the UAS 

being battery powered there are no combustible fuels onboard.

Maximum flight time for this particular class of UAS is 20 minutes (approximate) battery

life, flights to be terminated with 25% battery life remaining. Given the size, weight, 

speed, and limited operating area associated with the aircraft to be utilized. 

How This Request Would Benefit the Public and Not Adversely Affect Safety:

 Operations of UAS to perform aerial imagery and videography will reduce risk to 

life and property by decreasing the need to operate manned aircraft to perform

these tasks.

 Battery-powered UAS serve as safe and efficient alternatives to the manned

aircraft commonly utilized to conduct aerial imagery and videography. Also, the 
flight data, inspection results, recorded observations and lessons learned from

these operations will be compiled to further enhance its current safety program.

 The petitioner proposes that the exemptions requested herein apply to civil 

aircraft that have the characteristics and that operate with the limitations listed 

herein. These limitations provide for at least an equivalent or even higher level of 

safety to operations under the current regulatory structure because the proposed 

operations represent a safety enhancement to aerial imagery and videography

conducted by manned aircraft.

 Reduction in gas emissions associated with powered flight.

 Improvement upon cost efficiencies associated with manned flight.

 National policy set by Congress favors early integration of UAS into the NAS in 

controlled, safe, working environments such as those proposed in this petition. In 

addition, the public also has an interest in reducing the hazards and emissions 

associated with alternate use of helicopters to conduct similar operations.

Privacy:

All flights will be conducted in accordance with any and ALL federal, state and local 

laws regarding privacy

Proposed UAS for Commercial Applications:

 DJI Spreading Wings S1000

o http://www.dji.com/product/spreading-wings-s1000/spec

 DJI Inspire 1

o http://www.dji.com/product/inspire-1/spec

 DJI Phantom 3

o http://www.dji.com/product/phantom-3/spec

 DJI Spreading Wings EVO S800

o http://www.dji.com/product/spreading-wings-s800-evo/spec

PIC will operate UAS in safe manner that will not pose threat to person or property and 

with assistance from a visual observer (VO)

If the UAS loses communications or loses its GPS signal, it will return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents.

Visual Observer:

All operations will utilize a visual observer (VO). The VO may be used to satisfy the 

VLOS requirement as long as the PIC always maintains VLOS capability. The VO and 

PIC will be able to communicate verbally at all times. Electronic messaging or texting 

will not be permitted during flight operations. The PIC will be designated before the 

flight. The PIC will not transfer his or her designation for the duration of the flight. The 

PIC will ensure that the VO can perform the functions prescribed in the operating 

documents. The VO will not perform any other duties beyond assisting the PIC with 

seeing and avoiding other air traffic and other ground based obstacles/obstructions and is 
not permitted to operate the camera or other instruments.

Maintenance:

The petitioner will carry out maintenance, inspections, and record keeping requirements, 

in accordance with the manufacturer operating documents and manuals. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts will be noted 

in the aircraft records, including total time in service, description of work accomplished, 

and the signature of an authorized person before returning the UAS to service.

Flight Operations:

1. Flights will be operated in the line of sight of the operator

2. Flights will be terminated at any time weather conditions dictate

3. Flights will be operated at 400 feet AGL or less

4. Crew will be at a minimum of operator (PIC) and an observer and/or camera

operator (VSO)

5. Operator and crew will remain in contact during the flight operation

6. The UAS operator will perform a pre-flight check of the flight area

7. Required FAA clearances will be obtained and distances from airports strictly

observed.

8. All UAS will have the capability operator with the auto return function checked 

and working.

9. When operated in conjunction with fishing vessels in the gulf, a chase boat will be

assigned to operate the UASs at a safe distance from the main fishing boat.

10. Flights will only operate in VFR conditions.

11. UASs have a function on the control to tell operator the distance away from the

operator and its battery power remaining.

12. Flight team will communicate by voice and the use of two-way radio if the area is 

too big to hear voice from all team members.

13. When operating over or near water the UASs will be equipped with flotation 

devices so that recovery can be made as to prevent lithium battery exposure to the 

water table.

Thank you for your consideration and attention to this request.

Sincerely,

Daniel Thompson

26 Pearl Rd.

Boxford, MA 01921